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Every year, more than 160 million drink containers end up as litter in NSW.

Return and Earn is a major litter reduction initiative from the NSW Government. Providing a 10 cent refund on all eligible drink containers will positively encourage consumer behaviour, resulting in a substantial reduction in litter. TOMRA Cleanaway provides the network of collection points to facilitate refunds across NSW.

The consumer has three ways to claim the 10 cent eligible container refund –reverse vending machines, over-the-counter collection points in selected retail outlets and at automated depots and counting centres for volume refunds. The Scheme also provides a refund donation opportunity for registered charities and community groups to fundraise through collecting and returning eligible containers.

Every year, more than 160 million drink containers end up as litter in NSW.

Return and Earn is a major litter reduction initiative from the NSW Government. Providing a 10 cent refund on all eligible drink containers will positively encourage consumer behaviour, resulting in a substantial reduction in litter. TOMRA Cleanaway provides the network of collection points to facilitate refunds across NSW.

The consumer has three ways to claim the 10 cent eligible container refund –reverse vending machines, over-the-counter collection points in selected retail outlets and at automated depots and counting centres for volume refunds. The Scheme also provides a refund donation opportunity for registered charities and community groups to fundraise through collecting and returning eligible containers.

Over-the-counter collection points

An over-the-counter (OTC) collection point is a place you can take smaller quantities of eligible drink containers (usually up to 100 containers). The collection point operator will ensure the containers are eligible, and are uncrushed and unbroken. After verifying and counting, a refund of 10 cent per container is provided in cash.

Participating in the scheme as an over-the-counter collection point operator provides real benefits to you and your business

Attract customers to your stores.

Earn extra revenue from the Return and Earn handling fee for each eligible drink container received.

Actively support the reduction of litter and drive positive recycling behaviours.

Over-the-counter collection point operators will play an important role in the success of Return and Earn in NSW.

Over-the-counter collection points

An over-the-counter (OTC) collection point is a place you can take smaller quantities of eligible drink containers (usually up to 100 containers). The collection point operator will ensure the containers are eligible, and are uncrushed and unbroken. After verifying and counting, a refund of 10 cent per container is provided in cash.

Participating in the scheme as an over-the-counter collection point operator provides real benefits to you and your business

Attract customers to your stores.

Earn extra revenue from the Return and Earn handling fee for each eligible drink container received.

Actively support the reduction of litter and drive positive recycling behaviours.

Over-the-counter collection point operators will play an important role in the success of Return and Earn in NSW.

(a) of any Authority having any jurisdiction in connection with the carrying out of the Collection Point Services; or

(b) under any other applicable Statutory Requirement,

which must be obtained or satisfied for the purposes of the Collection Point Services.

Approved Collection Point means each Collection Point identified as an Approved Collection Point on the acceptance form signed by the Collection Point Operator which incorporates this document as terms and conditions, and any additional Collection Point agreed by the parties and which has been approved by the EPA as being an additional Approved Collection Point for the purposes of this Agreement.

Associate means:

(a) subject to paragraph (b), in respect of a party, any employee, officer, agent, or subcontractor of that party; and

(b) for the purposes of the definitions of ‘Control’ and ‘Change in Control’ – has the same meaning as ‘associate’ in the Corporations Act and includes a person deemed to be an associate of a designated body (within the meaning of section 12 of the Corporations Act).

Authority means any government or any governmental, semi-governmental or local government authority, local council, administrative or judicial body or tribunal, department, commission, public authority, agency, minister, statutory corporation or instrumentality.

Best Practices means providing services equivalent to the Collection Point Services:

(a) with due expedition and without unnecessary or unreasonable delay;

(b) with the skill, care and diligence which may reasonably be expected of a skilled professional carrying out services similar to the Collection Point Services;

(c) in a manner which is safe to all people and the environment;

(d) by trained and experienced personnel utilising high quality, safe and proper equipment, tools and procedures;

(e) with an adequate number of personnel, materials, resources and supplies to ensure compliance with this Agreement; and

(f) using new and high quality fixtures, fittings, finishes and materials which are free from defects and appropriate for the environment in which they are intended to be used.

Business Day means a day that is not a Saturday, Sunday or public holiday and on which banks are open for business generally in Sydney.

Change in Control means where, at any time, any person or Entity, alone or together with any Associate or Associates, ceases to or commences to directly or indirectly have Control of an Entity.

Claim means any claim, notice, demand, action, proceeding or litigation and includes any claim for the payment of money or relief from performance whether the claim, notice, demand, action, proceeding or litigation:

(a) is in any way in connection with this Agreement;

(b) is in any way in connection with the Collection Point Services; or

(c) otherwise arises at law or in equity including:

(i) by statute;

(ii) in tort for negligence or otherwise, including negligent misrepresentation; or

(iii) for restitution.

Collection Points has the meaning given to it in the Act and includes the Approved Collection Point.

Collection Point Arrangement Approval has the meaning given to it in the Regulation.

Collection Point Arrangements has the meaning given to it in section 25 of the Act and includes this Agreement.

Collection Point Services means the establishment, management, administration and operation of the Approved Collection Point as a facility or premises for the collection and handling of eligible Containers delivered to the Approved Collection Point in accordance with the terms of this Agreement.

Commencement Date means 1 December 2017 or such later date as notified in writing by the Network Operator to the Collection Point Operator.

Confidential Information means:

(a) the contents of this Agreement;

(b) all documents referred to in this Agreement and the contents of which are disclosed or partly disclosed to the Collection Point Operator by or on behalf of the Network Operator;

(c) any other information, data or document made available to the Collection Point Operator by or on behalf of the Network Operator, either before or after the date of this Agreement, in respect of this Agreement or regarding the management, administration or operation of the Scheme; and(d) all data, results or payments in respect of the Containers collected at the Approved Collection Point.

Containers has the meaning given in section 22 of the Act.

Control has the meaning given in the Corporations Act.

Corporations Act has the meaning given in the Corporations Act. Corporations Act means the Corporations Act 2001 (Cth).

Entity has the meaning given to it in section 64A of the Corporations Act.

EPA means the NSW Environment Protection Authority constituted by section5 of the Protection of the Environment Administration Act 1991 (NSW).

Governance Group means each of the NO Agreement Management Group and the Mobilisation Management Group.

GST means the tax payable on taxable supplies under the GST Legislation, and includes an amount that a party is notionally liable to pay as GST under the GST Legislation.

GST Legislation means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and related legislation, including any related act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax.

Insolvency Event means:

(a) the Collection Point Operator informs the Network Operator in writing, or its creditors generally, that the Collection Point Operator is insolvent or is unable to proceed with this Agreement for financial reasons;

(b) execution is levied against the Collection Point Operator by a creditor;

(c) in relation to an individual person or a partnership, the person:

(i) commits an act of bankruptcy;

(ii) has a bankruptcy petition presented against him or her or presents his or her own petition;

(iii) is made bankrupt;

(iv) makes a proposal for a scheme of arrangement or a composition; or

(v) has a deed of assignment or deed of arrangement made, accepts a composition, is required to present a debtor’s petition, or has a sequestration order made, under Part X of the Bankruptcy Act 1966 (Cth); or

(d) in relation to a corporation, any one of the following:

(i) notice is given of a meeting of creditors with a view to the corporation entering into a deed of company arrangement;

(ii) the corporation entering a deed of company arrangement with creditors;

(iii) a controller, administrator, receiver, receiver and manager, provisional liquidator or liquidator is appointed to the corporation;

(iv) an application is made to a court for the winding up of the corporation and not stayed within 10 Business Days;

(v) a winding up order is made in respect of the corporation;

(vi) the corporation resolves by special resolution that it be wound up voluntarily (other than for a members’ voluntary winding-up); or

(vii) a mortgagee of any property of the corporation takes possession of that property.

Loss means:

(a) any cost, expense, loss, damage or liability; and

(b) without being limited by paragraph (a) and only to the extent not prohibited by law, any fine or penalty,

Mobilisation Management Group means the group formed under the Network Operator Agreement comprising two representatives of the State and two representatives of the Network Operator which, among other things, monitors the status and overall progress of the services to be performed by the Network Operator to establish the Scheme by the Commencement Date.

Network Arrangement means the network arrangement (as defined in section 25 of the Act) between the Scheme Coordinator and the Network Operator dated 28 July 2017.

Network Operator Agreement means the deed entitled “NSW Container Deposit Scheme: Network Operator Agreement for Zone(s) 1-7” between the Minister for the Environment for and on behalf of the State and the Network Operator dated 28 July 2017.

NO Management Group means the group formed under the Network Operator Agreement comprising two representatives of the State and two representatives of the Network Operator which, among other things, formally monitors the Network Operator’s performance; identifies issues in relation to the operation of the Scheme by the Scheme Coordinator and identifies opportunities to facilitate improvements to the management, administration and operation of the Scheme.

Probity Event includes any event or thing (including a Change in Control) which:

(a) has a material adverse effect on, or on the perception of, the character, integrity or honesty of the Collection Point Operator;

(b) relates to the Collection Point Operator and has a material adverse effect on the public interest, or public confidence in the Scheme; or

(c) without limiting paragraphs (a) and (b), involves a material failure of the Collection Point Operator to achieve or maintain:

(i) reasonable standards of ethical behaviour;

(ii) the avoidance of conflicts of interest which will have a material adverse effect on the ability of the Collection Point Operator to perform and observe its obligations in connection with the Collection Point Services; or

(iii) other standards of conduct that would otherwise be expected of a party involved in a government project or contract.

Probity Investigation means such probity and criminal investigations to report on the character, honesty and integrity of persons or corporations, as are required by law or by the State Representative from time to time, to ensure that the Collection Point Operator is fit and proper for its proposed or continued involvement in the Collection Point Services.

Public Holiday means a public holiday in New South Wales pursuant to the Public Holidays Act 2010 (NSW).

Quarter means each 3 month period commencing on a Quarter Date save that:

(a) the first Quarter of the Term will be the period from the Commencement Date until the day before the first Quarter Date during the Term; and

(b) the last Quarter of the Term will be the period from the last Quarter Date during the Term to the last day of the Term.

Reverse Vending Machine means a machine or other device from which Refund Amounts can be obtained by an operation that involves inserting empty containers into the device, whether or not some other action is required to activate the device.

Scheme means the container deposit scheme established by Part 5 of the Act, being the scheme referred to in recital A.

Scheme Arrangement has the meaning given in the Act.

Scheme Coordinator means Exchange for Change (NSW) Pty Limited ACN 620 512 469 or such replacement appointed by the Minister under the Act.

Scheme Participant has the meaning given in the Act.

Services Specification means the document attached as Attachment 1 to the Network Operator Agreement as amended from time to time.

State means the Crown in right of the State of New South Wales.

State Policy means any policy, guideline, standard, circular directive, practice specification or procedure which applies in connection with the delivery of the Collection Point Services in New South Wales and which affects the performance of the Collection Point Services:

(a) which are notified to the Collection Point Operator;

(b) which are publicly available or otherwise available to the Collection Point Operator; or

(c) which the Collection Point Operator is expressly required by the terms of this Agreement, by law or by Direction of the State to comply with, as may be amended or updated from time to time.

State Representative means Alex Young, Director of Community and Behaviour Change – Environment Protection Authority or any other person nominated by the State from time to time to replace that person.

Statutory Requirements means:

(a) any law applicable to the carrying out of the Collection Point Services, including Acts, ordinances, regulations, by-laws, orders and other subordinate legislation;

(b) Approvals (including any condition or requirement under them); and

(c) fees and charges payable in connection with the foregoing.

Term means the period commencing at 12.00am on the Commencement Date and ending, unless this Agreement is terminated earlier in accordance with the terms of this Agreement, at 11.59pm on the Termination Date.

Termination Date means the later of:

(a) 30 November 2022; and

(b) if the Network Operator has notified the Collection Point Operator by written notice (“Extension Notice“) on or before 30 June 2022 that the term of this Agreement is to be extended past 30 November 2022, the date to which the term of this Agreement has been extended as set out in the Extension Notice, which date will not be a date later than 30 November 2026.

Weekend Hour means one hour occurring during the period commencing at 7.00 am on a Saturday and ending at 8.00 pm on the immediately following Sunday.

WHS Act means the Work Health and Safety Act 2011 (NSW).

WHS Matters means:

(a) any applicable work health and safety legislation,including the WHS Act and WHS Regulation;

(a) headings and underlining are for convenience only and do not affect the interpretation of this Agreement;

(b) words importing the singular include the plural and vice versa;

(c) words importing a gender include any gender;

(d) an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate;

(e) a reference to a part, paragraph, clause, party, annexure, exhibit or schedule is a reference to a part, paragraph and clause of, and a party, annexure, exhibit and schedule to, this Agreement;

(f) a reference to any statute, regulation, proclamation, ordinance or by- law includes all statutes, regulations, proclamations, ordinances or by-laws varying, consolidating or replacing them, and a reference to a statute includes all regulations, proclamations, ordinances and by- laws issued under that statute;

(g) a reference to a document includes an amendment or supplement to, or replacement or novation of, that document;

(h) a reference to a party to a document includes that party’s successors and permitted assigns;

(i) where the day on or by which any thing is to be done is not a Business Day, that thing must be done on or by the subsequent Business Day;

(j) no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or any part of it;

(k) a reference to an agreement includes an undertaking, covenant, deed, agreement or legally enforceable arrangement or understanding whether or not in writing; and

(l) other parts of speech and grammatical forms of a word or phrase defined in this Agreement have a corresponding meaning.

2. APPOINTMENT

The Network Operator appoints the Collection Point Operator to provide the Collection Point Services in accordance with the terms of this Agreement and the Collection Point Operator accepts the appointment and agrees to provide the Collection Point Services throughout the Term, in accordance with the terms of this Agreement.

3. PAYMENTS AND CONTRIBUTION METHODOLOGY

3.1 Entitlement to be paid

In consideration for the provision of the Collection Point Services, and subject to the Collection Point Operator’s compliance with its obligations under this Agreement and subject to clause 3.2, the Network Operator must pay to the Collection Point Operator:

(a) the Refund Amount; and

(b) the Agreed Handling Fee,

in respect of each Container collected at the Approved Collection Point by the Collection Point Operator in accordance with this Agreement and calculated by or on behalf of the Network Operator, subject to any adjustments made by or on behalf of the Network Operator in accordance with this Agreement.

3.2 No entitlement to be paid

The Network Operator will not be liable to pay either a Refund Amount or an Agreed Handling Fee to the Collection Point Operator:

(a) in respect of Containers where a person other than the Network Operator (or a sub-contractor of the Network Operator) has collected and transported the Containers from the Approved Collection Point in breach of clause 5.3; or

(b) in respect of Containers that the Network Operator refuses to accept for collection from the Approved Collection Point because the Network Operator (or its sub-contractor) rejects the Containers on the basis (i) they are glass Containers which are broken and incapable of being scanned and counted at the Network Operator’s counting centre; (ii) if the Containers to be collected are in a bag, the Network Operator (or its sub-contractor) believes the bag does not contain the required number of Containers (which required number as at the date of this Agreement is 100 Containers); or (iii) the containers are not eligible Containers.

3.3 Invoicing requirements

The Collection Point Operator will comply with the invoicing requirements as prescribed in writing by the Network Operator, acting reasonably, from time to time.

3.4 Risk

(a) The Network Operator accepts risk for any damage to Containers that occurs in transporting Containers following collection by the Network Operator of the Containers from the Approved Collection Point.

(b) The Collection Point Operator acknowledges and agrees that if it has paid a Refund Amount to a customer for a Container for which the Network Operator is not required to accept or pay for under clause 3.2 or in respect of which an adjustment is payable by the Collection Point Operator under clause 3.5, the Collection Point Operator is not entitled to recover the Refund Amount from any person (including the Network Operator).

(c) Where the Network Operator (or its sub- contractor) refuses to accept a Container for collection from the Approved Collection Point because the Container is not capable of being scanned and counted, including because the Container is broken glass, then the Collection Point Operator must, at the cost of the Collection Point Operator, deliver the rejected Container to a recycling facility (as defined in the Regulation) within 12 months of the Container being deposited at the Approved Collection Point and provide documentary evidence to the Network Operator of the Collection Point Operator’s compliance with this clause, as and when requested.

3.5 Obligation to pay adjustments

(a) The Collection Point Operator acknowledges and agrees that all Containers collected from an Approved Collection Point (whether it is a Collection Point using Reverse Vending Machines, a manual Collection Point, an automated Collection Point using machinery other than a Reverse Vending Machine or a Collection Point that is a counting centre) must be counted by the Network Operator as part of its own audit and verification procedures and as part of the audit and verification procedures required by the Scheme Coordinator and the State as referred to in clause 6.7. The Collection Point Operator acknowledges that these audit and verification procedures may result in an adjustment for over payments of Refund Amounts and Agreed Handing Fees having to be paid by the Collection Point Operator to the Network Operator under clause 3.5(b) or (c).

(b) Where any activity undertaken as part of the Network Operator’s own audit and verification procedures shows that:

(i) the Collection Point Operator has been paid a Refund Amount or an Agreed Handling Fee for which it was not entitled (including because a container was not an eligible Container or because the Container was never received by the Network Operator or because the Collection Point Operator or an operator of another Collection Point had previously been paid in respect of the Container), the Collection Point Operator shall pay the amount of that overpayment to the Network Operator on demand; and

(ii) the Network Operator has received a Container from the Collection Point Operator for which a Refund Amount or an Agreed Handling Fee has not been paid to the Collection Point Operator then the Network Operator shall pay the amount of that underpayment to the Collection Point Operator.

(c) If the Scheme Coordinator becomes entitled to make an adjustment to the Refund Amounts that have been paid by the Scheme Coordinator to the Network Operator as a result of an audit or any activity undertaken as part of the procedures referred to in clause 6.7 that has identified a difference between Container volumes as reported by the Network Operator and Container volumes that have been counted at automated facilities and the Network Operator is able to identify that the difference in Container volumes relates to Containers collected by the Collection Point Operator at an Approved Collection Point, then:

(i) to the extent that the audit adjustment amount as determined between the Scheme Coordinator and the Network Operator has resulted in an overpayment of Refund Amounts and Agreed Handling Fees under this Agreement, the Collection Point Operator shall pay the amount of that overpayment to the Network Operator; and

(ii) to the extent that the audit adjustment amount as determined between the Scheme Coordinator and the Network Operator has resulted in an underpayment of Refund Amounts and Agreed Handling Fees under this Agreement, the Network Operator shall pay the amount of that underpayment to the Collection Point Operator.

4. MINIMUM OPERATIONAL REQUIREMENTS

4.1 Payment Requirements

(a) Throughout the Term the Collection Point Operator must, subject to clauses 4.1(b) and (c), pay the Refund Amount to persons who present a Container at the Approved Collection Point and pay each such payment in cash or, provided that a cash payment option is available at the relevant Approved Collection Point, by any other payment method that may be permitted under the Regulation from time to time.

(b) If the Approved Collection Point solely comprises a Reverse Vending Machine, payment of the Refund Amount to persons who present a Container at the Approved Collection Point:

(i) must be able to be paid by issue to the person of a voucher that can be redeemed for a one-off cash payment of the total Refund Amount: or

(ii) provided that the payment option referred to in clause 4.1(b)(i) is available at the relevant Approved Collection Point, may be paid in any of the following ways:

(A) by issuing a voucher to the person that can be redeemed for a credit against a purchase;

(B) by directing the Collection Point Operator to make a donation of the total Refund Amount to a charity;

(D) by any other payment method that may be permitted under the Regulation from time to time; and

(c) The amount of cash paid to a person who presents the Containers at a single time can be limited to such reasonable amount as is agreed with the State and notified by the Network Operator to the Collection Point Operator from time to time. As at the date of this Agreement and where the Collection Point Arrangement is created by the parties signing an acceptance form that incorporates terms and conditions set out on the Network Operator’s website, the cash limit for each single transaction is as set out on that acceptance form.

(d) The Collection Point Operator acknowledges and agrees that it will be required to have the capability of providing the Refund Amount for eligible Containers using such method as the State reasonably requires from time to time and as notified by the Network Operator to the Collection Point Operator. If any additional method is required by the State after the date of this Agreement (“Payment System Direction“) that is not payment in cash or another method referred to in clause 4.1(b)(i) or clause 4.1(b)(ii)(A), (B) or (C), then the Collection Point Operator may recover any reasonable costs (over and above the cost of implementing and operating the refund payment system used prior to the Payment System Direction from the State) from the Network Operator that the Collection Point Operator incurs from implementing and operating the State’s chosen refund payment system provided that the Collection Point Operator provides detailed evidence in relation to the costs of its existing system and the costs of the State’s chosen system and provided the Network Operator can recover those costs from the Scheme Coordinator.

(e) The Collection Point Operator may refuse to pay to a person a Refund Amount if:

(i) the Collection Point Operator is not satisfied as to the identity of the person;

(ii) the person does not provide a Refund Declaration as and when required under clause 4.8 for bulk deliveries;

(iii) if the relevant Container is contaminated with any substance such that, in the reasonable opinion of the Collection Point Operator, the Container:

(A) is unsuitable for reuse or recycling; or

(B) poses a serious risk to health or safety or to the proper operation of the Approved Collection Point; or

(iv) if the relevant Container (including any labelling) is so damaged, or is in such a condition, that:

(A) the refund marking cannot be read or the barcode cannot be scanned; or

(B) the Collection Point Operator is not reasonably able to confirm that it is a Container.

4.2 Opening Hours

(a) The Collection Point Operator must ensure that throughout the Term the Approved Collection Point meets or exceeds the respective minimum opening hours set out adjacent to the Approved Collection Point in Schedule 1.

(b) The minimum number of opening hours specified in Schedule 1 is reduced by 8 hours for each Public Holiday that occurs during that week (except on a Saturday or Sunday).

(c) If a Public Holiday occurs on a Saturday or Sunday the minimum number of Weekend Hours is reduced by 4 hours, and the minimum number of hours during the week is reduced by 8 hours.

(d) Clauses4.2(b) and (c) do not apply to an Approved Collection Point if the Approved Collection Point is in a Remote Area as specified in Schedule 1.

(e) The Collection Point Operator shall notify the Network Operator of the opening hours of, and available payment methods for payment of Refund Amounts at, each Approved Collection Point (and shall keep the Network Operator informed of any changes to those opening hours and available payment methods) so that the Network Operator may publish the opening hours and available payment methods on its website throughout the Term.

(f) The Collection Point Operator agrees to ensure each Approved Collection Point is open and operating for the collection of Containers during the opening hours that the Collection Point Operator has notified to the Network Operator under clause 4.2(e) from time to time.

4.3 Signage and advertising

The Collection Point Operator must ensure that throughout the Term all signage and advertising at the Approved Collection Point is approved by the Network Operator and otherwise consistent with the signage and design requirements notified by the Network Operator from time to time and the Collection Point Operator must use the approved branding (including the logo and name) as provided to the Collection Point Operator by the Network Operator.

4.4 Appearance

The Collection Point Operator must:

(a) ensure that the Approved Collection Point is welcoming in appearance and consistent with public expectations of the Scheme;

(b) take all reasonable steps specified by the Network Operator to ensure that the Approved Collection Point upholds the public standing of the Scheme;

(c) ensure that the Approved Collection Point is clearly labelled as a Collection Point and complies with the marking and branding requirements as required by the Network Operator; and

(d) ensure that the Approved Collection Point provides clear instructions for using the Approved Collection Point to customers entering the Approved Collection Point (or interacting with the Approved Collection Point including a Reverse Vending Machine).

4.5 Cleanliness and pest control

The Collection Point Operator must:

(a) ensure that the Approved Collection Point is maintained at a reasonable level of cleanliness and is free from pests, including by storing Containers in the manner, and using bins of the type, as required by the Network Operator from time to time. Without detracting from those requirements, the Collection Point Operator must clean each Approved Collection Point at least once daily;

(b) ensure that the façade of any Reverse Vending Machine used at the Approved Collection Point is clean at all times and that any dirt, graffiti or markings are removed as soon as possible to the reasonable satisfaction of the State and the Network Operator;

(c) ensure that the Approved Collection Point does not emit a significant level of odour and must take all reasonable steps to ensure that any significant level of odour is dealt with within a reasonable timeframe;

(d) ensure that publicly accessible areas in the Approved Collection Point are free from litter, including (i) by ensuring any Containers or parts of Containers are not left in publicly accessible areas, and (ii) by storing Containers in the manner, and using bins of the type, as required by the Network Operator from time to time; and

(e) `ensure that a bin is available to the public within 10 metres of the Approved Collection Point for customers to put any rubbish or non-eligible Containers. Any Refund Amounts from eligible Containers put in the bin by customers must be donated to a charity of the Network Operator’s choice.

4.6 Maintenance

(a) The Collection Point Operator must ensure that the Approved Collection Point is regularly maintained to ensure public access and ability to redeem Containers.

(b) The Collection Point Operator will immediately notify the Network Operator and allow access to the Network Operator, when requested, to repair the Reverse Vending Machines at the Approved Collection Point if any such Reverse Vending Machine is not operational. The Collection Point Operator acknowledges that the Network Operator has agreed with the State that the Network Operator must ensure each Reverse Vending Machine or automated Collection Point, if not operational, is repaired within 1 working day in Major Urban Areas and 2 working days in Regional Areas and Remote Areas and that the Network Operator must provide a log to the State of any broken Reverse Vending Machines broken for longer than 1 working day and the reason why a repair cannot be completed within 1 working day.

(c) If the Approved Collection Point is not accessible to the public, the Collection Point Operator will immediately notify the Network Operator so that the Network Operator can notify the Scheme Coordinator as soon as reasonably possible, and communicate this via any social media, and prominent notices at the site.

4.7 Accessibility

(a) The Collection Point Operator must ensure that the Approved Collection Point is reasonably accessible to persons with a disability and to the extent that the implementation of an Approved Collection Point relies on the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Approved Collection Point must comply with the Design Guide for Collection Points under the NSW Container Deposit Scheme.

Convenience and amenity

(b) If the Approved Collection Point is not a Reverse Vending Machine and if requested by the Network Operator, the Collection Point Operator will ensure the Approved Collection Point has adequate parking nearby to cope with expected consumer numbers, including sufficient space for consumers to unload Containers out of their vehicles.

(c) If requested by the Network Operator, the Collection Point Operator must seek to minimise any negative impact on traffic conditions resulting from consumers attending the Approved Collection Point and ensure that any arrangements are otherwise consistent with any Approvals.

Safety

(d) The Collection Point Operator must ensure that the Approved Collection Point is at all times safe for the public and its staff.

(e) The Collection Point Operator must ensure that the Approved Collection Point is secure during both opening and non-opening hours to minimise the risk of theft and fraud.

4.8 Bulk Deliveries

The Collection Point Operator must adhere to the declaration protocols for bulk deliveries as notified by the Network Operator from time to time. As at the date of this Agreement, the declaration protocol is that the Collection Point Operator must obtain a Refund Declaration from any person who seeks to deposit 500 or more Containers at any one time at an Approved Collection Point declaring the person’s identity and that:

(a) the Containers were acquired in New South W ales;

(b) the Containers were acquired on or after the Commencement Date;

(c) a Refund Amount has not previously been paid for the Containers at any Collection Point; and

(d) the Containers have not previously been processed by a material recovery facility operator for reuse or recycling and the Scheme Coordinator has not made, nor is required to make, a payment in respect of the Containers to a Collection Point operator under a Scheme Coordinator agreement.

The Collection Point Operator must keep all such Refund Declarations for act least 3 years and make them available to the Network Operator when requested.

4.9 Reporting Requirements

The Collection Point Operator must provide the following reports to the Network Operator:

(a) An immediate report, which contains sufficient information to fully inform the Network Operator of the incident, must be provided to the Network Operator immediately on the Collection Point Operator becoming aware of the occurrence of the following incidents:

(i) any incidents resulting in serious personal injury or property or environmental damage in the course of collection, handling or transportation of Containers in connection with the operation of the Scheme identified by the Collection Point Operator;

(ii) any serious incidents of false claims for the payment of Refund Amounts identified by the Collection Point Operator; and

(iii) any refusals by a customer to sign a refund declaration at the Approved Collection Point.

(b) A report for each Quarter, which report must include the following information (or as otherwise agreed with the Network Operator):

(i) Number of Containers for which Refund Amounts have been paid by the Collection Point Operator at the Approved Collection Point;

(ii) Material type of Containers for which Refund Amounts have been paid by the Collection Point Operator at the Approved Collection Point;

(iii) Range and average number of Containers returned during a single transaction;

(iv) The number of complaints made to the Collection Point Operator;

(v) The average time taken by the Collection Point Operator to respond to complaints.

(c) A report for each six monthly period ending 30 June and 31 December must include the following information (or as otherwise agreed with the Network Operator):

(i) the information provided in the quarterly reports submitted in respect of the Quarters comprising that six monthly period,and must include the following additional information (or as otherwise agreed with the Network Operator) for that six monthly period:

(ii) Number of refund declarations received by the Collection Point Operator during the reporting period.

The information included in the six monthly report referred to in sub-paragraphs (c)(i)-(c)(ii) is:

(iii) during the first 2 years of the commencement of the operation of the Scheme, to be provided six monthly; and

(iv) after the expiry of the first 2 years of operation of the Scheme, on an annual basis.

4.10 Removal of personnel

(a) The Collection Point Operator acknowledges that under the Network Operator Agreement, the Network Operator may at any time be directed by the State to ensure that any of the Network Operator’s personnel are not engaged on activities connected with the services that the Network Operator is providing in connection with the Scheme and that such personnel who may be the subject of such a direction includes any employee, officer, agent or sub-contractor of the Collection Point Operator.

(b) If the Network Operator receives any such direction form the State in respect of any employee, officer, agent or sub-contractor of the Collection Point Operator and the Network Operator notifies such direction to the Collection Point Operator, then the Collection Point Operator shall ensure such person ceases to be engaged on activities connected with the Collection Point Services unless and until receiving the prior written approval of the Network Operator that such person may be so engaged.

5. ELIGIBLE CONTAINERS

5.1 Eligible Containers

The Collection Point Operator agrees that the Approved Collection Point will at all times be capable of collecting each type of eligible Container.

5.2 Ownership Containers

The parties acknowledge and agree that all Containers collected at the Approved Collection Point will be property of the Collection Point Operator from the time of collection by the Collection Point Operator until the Containers are transferred to the Network Operator, after which the Containers will be the property of the Network Operator.

5.3 Collection of Containers

The parties acknowledge and agree that the Network Operator will procure the removal and transportation of Containers from each Approved Collection Point to enable counting and verification of the Containers that have been collected by the Collection Point Operator and the Collection Point Operator shall only allow the contractor nominated by the Network Operator to remove and transport Containers from each Approved Collection Point.

5.4 Value

The Collection Point Operator acknowledges that the Network Operator is entitled to retain any value derived from the Containers.

6. ACCESS

6.1 The Collection Point Operator acknowledges the powers and other functions of the EPA (and authorised officers of the EPA) under Chapter 7 of the Protection of the Environment Operations Act 1997 (NSW) apply in relation to the administration of Part 5 of the Act and must not do anything to prevent the EPA from exercising its powers and functions in respect of the Approved Collection Point.

6.2 The Collection Point Operator must:

(a) at all reasonable times during the published operating hours of the Approved Collection Point give the Network Operator, the Minister, the State Representative, the Scheme Coordinator and any person authorised by the Network Operator, the Minister for the Environment of New South Wales, the State Representative or the Scheme Coordinator, access to any areas of the Approved Collection Point where Collection Point Services are being carried out; and

(b) provide the Minister for the Environment of New South Wales, the State Representative and the Scheme Coordinator and its representatives with every reasonable assistance necessary for the supervision, examination, review and auditing of the Collection Point Services provided by the Collection Point Operator.

6.3 The Collection Point Operator acknowledges and agrees that the State Representative, the Scheme Coordinator and the Network Operator may, or may engage an Associate to, at any time, examine, audit or review the provision of the Collection Point Services by the Collection Point Operator to determine if the Approved Collection Point is providing the Collection Point Services in accordance with this Agreement, including to enable the Network Operator to satisfy its audit and verification obligations referred to in clause 6.7.

6.4 If requested by the Network Operator, the Collection Point Operator must provide reasonable assistance to the State Representative, the Scheme Coordinator or the Network Operator in connection with any examination, review or audit referred to in clause 6.3, including by providing access to the Approved Collection Point and the Collection Point Operator’s premises, books, records and any other information reasonably required.

6.5 At all times during the Term, the Collection Point Operator agrees it will do everything reasonably requested by the Network Operator to ensure the Collection Point Operator has auditable systems in place to audit and verify:

(a) the recorded number of eligible Containers collected at the Approved Collection Point; and

(b) the number of eligible Containers transported from the Approved Collection Point for reuse and recycling, sufficient for the Network Operator to satisfy its audit and verification obligations referred to in clause 6.7.

6.6 The Collection Point Operator acknowledges that the State may direct the Network Operator to procure the attendance of representatives of any Collection Point Operator or any Associates of a Collection Point Operator at any meeting of a Governance Group and, if such a direction is made in respect of the Collection Point Operator or any Associate of it then the Collection Point Operator will do everything necessary to comply with such direction.

6.7 The Network Operator will provide the Collection Point Operator with a summary of both the Network Operator’s own audit and verification procedures and the verification methodology agreed between the State and the Network Operator, in each case to the extent they relate to the Collection Point Operator or require the Collection Point Operator to do anything (including under clause 6.5 of this Agreement), prior to the Commencement Date and as they may be updated from time to time.

7. CONTRAVENTION OF THE ACT

(a) The Collection Point Operator acknowledges it is aware of the provisions of sections 42, 44, 47 and 48 of the Act.

(b) The Collection Point Operator agrees to give notice in writing to the Network Operator promptly after becoming aware of any contravention of the Act or the Regulation by a Scheme Participant or any other person, which notice shall set out the relevant particulars of the contravention to the extent the Collection Point Operator is aware of the same.

8. COMPLIANCE WITH LAW

8.1 The Collection Point Operator must comply with all lawand Approvals.

8.2 The Collection Point Operator must give notice in writing to the Network Operator, together with relevant particulars, promptly after becoming aware of any suspected contravention of this Agreement or contravention of the Act or the Regulation by the Collection Point Operator or any other person.

8.3 In providing the Collection Point Services the Collection Point Operator must do all things necessary to ensure:

(a) the health, safety and protection of all persons; and

(b) the protection of any property that could be damaged, lost or destroyed as a result of the delivery of the Collection Point Services.

8.4 The Collection Point Operator must comply, and keep records of all its compliance, with the requirements of the WHS Matters.

9. MARKETING AND COMMUNICATION

(a) The Collection Point Operator must not do anything to prevent the Network Operator from complying with, nor cause the Network Operator to be in breach of, the Community Education, Marketing and Community Plan in place from time to time and notified to the Collection Point Operator.

(b) The Collection Point Operator must:

(i) at the cost of and as directed by the Network Operator, at each Approved Collection Point, use and display the State logo and the State approved Scheme logo and Scheme name in accordance with the State’s design guide for the Scheme, as notified to the Collection Point Operator by the Network Operator from time to time; and

(ii) use and display at each Approved Collection Point as directed by the Network Operator, all other State approved:

(A) branding; and

(B) communications material,

provided to the Collection Point Operator in relation to the Scheme by the Network Operator from time to time.

10. CUSTOMER SERVICES

Throughout the Term, the Collection Point Operator agrees to comply with the customer service and complaints handling process, which will include procedures and protocols for recording and addressing all written and verbal complaints made by a customer in respect of the administration, management or operation of the Approved Collection Point, as notified by the Network Operator to the Collection Point Operator from time to time. The initial customer service and complaints handling process, including procedures and protocols for recording and addressing all written and verbal complaints made by a customer, will be provided to the Collection Point Operator by the Network Operator prior to the Commencement Date.

11. DATA SECURITY AND DISASTER RECOVERY

11.1 Security measures updated

The Collection Point Operator must update its digital security systems and procedures as technology and security threats evolve to provide security and backup capabilities at all times in accordance with Best Practice and when requested by the Network Operator.

11.2 Security audit

(a) When requested by the Network Operator, the Collection Point Operator must have its security and backup systems and procedures and physical facilities audited, on an annual basis (on or about each anniversary of 1 December during the Term) by a qualified, nationally recognised firm selected by the Network Operator and the Collection Point Operator must take such action as is reasonable to comply with any exceptions or discrepancies discovered by any audit.

(b) The Collection Point Operator must:

(i) provide the Network Operator (which the Network Operator will then provide the State Representative) with a copy of any such audits referred to in clause 11.2(a) within 5 Business Days of it becoming available;

(ii) prepare a corrective action plan to deal with any exceptions or discrepancies discovered as a result of the audits referred to in clause 11.2(a) and provide the Network Operator (which the Network Operator will then provide the State Representative) with a copy of that plan within 2 Business Days of provision of the relevant audit; and

(iii) confirm promptly and in any event within 3 months that it has performed all work disclosed by the audit and the corrective action plan as required to be performed.

12. NOVATION

12.1 The Collection Point Operator acknowledges the State’s right to require a direct deed between the Collection Point Operator and the State pursuant to which the Collection Point Operator:

(a) acknowledges the State’s rights to carry out an obligation under this Agreement or the Network Operator Agreement which the Network Operator was obliged to carry out but which it failed to carry out within the time required in accordance with this Agreement or the Network Operator Agreement; and

(b) agrees to give effect to the novation of this Agreement to the State (or its nominee) in the event of termination of the Network Operator Agreement and the Network Arrangement.

12.2 The Collection Point Operator acknowledges and agrees that the Network Operator will provide a copy of this Agreement to the State Representative.

12.3 On or before the date of this Agreement the Collection Point Operator must deliver to the Network Operator a side deed in a form satisfactory to the Network Operator and signed by the Collection Point Operator to give effect to the novation by the Network Operator of this Agreement to the State (or its nominee).

13. FRAUD

13.1 The Collection Point Operator acknowledges that it is an offence under section 47 of the Act for a person to provide any information that the person knows is false or misleading in a material particular:

(a) in connection with a claim for payment under a Scheme Arrangement (and the Collection Point Operator acknowledges that a Scheme Arrangement includes this Agreement); or

(b) in purported compliance with any requirement imposed by or under Part 5 of the Act or under regulations made under Part 5 of the Act.

13.2 The Collection Point Operator must take all reasonable steps to minimise and prevent fraud in connection with the Scheme by any Scheme Participant or any other person.

14. ENVIRONMENT

14.1 The Collection Point Operator must carry out its obligations under this Agreement:

(a) in an environmentally responsible manner so as to protect the environment; and

(b) in accordance with all Statutory Requirements relating to the environment.In particular, the Collection Point Operator must comply with the environmental management plan as notified by the Network Operator to the Collection Point Operator from time to time.

14.2 To the extent not prohibited by law, the Collection Point Operator indemnifies the Network Operator from and against Loss suffered or incurred by the Network Operator arising out of or in connection with a failure by the Collection Point Operator to comply with any obligation under clause 14.1 except to the extent the Loss suffered or incurred was caused or contributed to by the Network Operator.

14.3 The Collection Point Operator must immediately notify the Network Operator in writing of any breach or potential breach or non-compliance or potential non- compliance with the conditions or requirements of any Statutory Requirement relating to the environment in the performance of the Collection Point Services, and provide details of the corrective or preventative actions undertaken or proposed to be undertaken to remedy the breach, potential breach, non-compliance or potential non-compliance.

15. INSURANCE

15.1 The Collection Point Operator will (at its own cost) during the Term effect and maintain with reputable insurers (i) workers compensation insurance as required by law (ii) public liability insurance in relation to the Approved Collection Point in an amount not less than $20,000,000.00 on a per events basis and (iii) such other insurances as reasonably required from time to time by the Network Operator.

15.2 Each insurance policy taken out by the Collection Point Operator under clause 15.1 must be endorsed to note the interests of the Network Operator as an additional insured party.

15.3 The Collection Point Operator will, upon request by the Network Operator from time to time, provide written evidence of the currency and extent of such insurance.

16. PROBITY

16.1 Probity Event

(a) The Collection Point Operator must give notice to the Network Operator immediately upon becoming aware that a Probity Event has occurred or is likely to occur. The notice must at a minimum describe the Probity Event, when the Probity Event occurred or is likely to occur and the circumstances giving rise to the Probity Event.

(b) Upon receipt of a notice under clause 16.1(a) or otherwise upon the occurrence of a Probity Event, the Network Operator and the Collection Point Operator must meet within 5 Business Days to agree to a course of action that will remedy the Probity Event (including conducting a Probity Investigation). The Collection Point Operator acknowledges that the Network Operator will send a copy of any notice under clause 16.1(a) to the State and the State may either directly request the Collection Point Operator to agree, or direct that the Network Operator direct the Collection Point Operator to agree, to a course of action that will remedy the Probity Event (including conducting a Probity Investigation).

(c) The Collection Point Operator must comply with any agreement made in accordance with clause 16.1(b) to remedy the Probity Event in accordance with the timeframe agreed.

(d) If the Network Operator and the Collection Point Operator fail to agree to a course of action in accordance with clause 16.1(b), the Collection Point Operator must take any action as required by the Network Operator or the State (in its absolute discretion) to remedy the Probity Event immediately upon being required to do so and in accordance with any timeframe determined by the Network Operator or the State (in its absolute discretion).

16.2 Probity investigations

(a) The Collection Point Operator acknowledges that the State Representative may require in writing at any time that the Collection Point Operator conduct a Probity Investigation in respect of any person involved (or proposed to become involved) in the Collection Point Services, including the Collection Point Operator and its staff (Relevant Person).

(b) The Collection Point Operator must procure the written consent, to a Probity Investigation, of each Relevant Person in respect of whom the State Representative advises the Collection Point Operator it requires a Probity Investigation and other probity and security investigations, and all consents and other information required by law and by the State Representative must be given to the State Representative.

(c) The parties acknowledge that the Collection Point Operator is responsible for all costs associated with conducting any such Probity Investigations.

17. INDEMNITY

17.1 Indemnity

Without limiting any other rights or remedies of the Network Operator, the Collection Point Operator indemnifies the Network Operator, as a continuing indemnity, against all Losses (including legal expenses incurred by the Network Operator on a full indemnity basis and GST and similar taxes thereon) suffered or incurred by the Network Operator resulting from any Claim (including any third party Claim) that arises out of, or by reason of or in connection with:

(a) any breach of this Agreement by the Collection Point Operator or by the Collection Point Operator’s employees, contractors, agents, officers or directors;

(b) any negligent act or omission of the Collection Point Operator or of the Collection Point Operator’s employees, contractors, agents, officers or directors;

(c) any personal injury, illness or death of any person, or loss of or damage to any property, resulting from the act or omission of the Collection Point Operator or of the Collection Point Operator’s employees, contractors, agents, officers or directors; and

(d) any wilful, fraudulent, reckless or intended act or omission of the Collection Point Operator or of the Collection Point Operator’s employees, contractors, agents, officers or directors.

17.2 Right of set off

The Network Operator may, without prejudice to any of its other rights under this Agreement, set off from any amount owing to the Collection Point Operator under this Agreement any sum to which the Network Operator is otherwise entitled to under or arising out of this Agreement. Any amount remaining unpaid will be a debt due to the Network Operator, payable within 7 days of demand.

18. TERMINATION

18.1 Preservation of rights

Nothing in this clause 18 or that a party does or fails to do pursuant to this clause 18 will prejudice the right of that party to exercise any right or remedy (including recovering damages) which it may have where the other party breaches (including repudiates) this Agreement.

18.2 Collection Point Operator default

The Network Operator may give a written notice under clause 18.3 to the Collection Point Operator, if the Collection Point Operator:

(a) breaches the Agreement; or

(b) contravenes the Act or the Regulation,

and fails to remedy that breach or contravention within the period specified in the notice (which period must be reasonable having regard to the nature of the breach or contravention and its consequences) from the Network Operator notifying the Collection Point Operator of that breach or contravention.

18.3 Contents of notice

A notice under this clause 18.3 must state:

(a) that it is a notice under clause 18.3;

(b) the default relied upon; and

(c) either:

(i) that the Network Operator requires the default or contravention to be remedied within the period specified in the notice; or

(ii) if the default is not capable of being remedied, the Network Operator’s reasonable requirements to overcome the consequences of that default.

18.4 Termination Events

If:

(a) the Network Operator ceases to hold a valid Collection Point Arrangement Approval in respect of this Agreement;

(b) a default the subject of a notice under clause 18.3 is not capable of remedy and the Collection Point Operator fails to diligently comply with any reasonable requirements of the Network Operator to overcome the consequences of that default within the time required in accordance with the notice given under clause 18.3;

(c) a default the subject of a notice under clause 18.3 is capable of remedy and such default has not been remedied in accordance with that clause within the time period specified in the notice;

(d) the State directs the Network Operator to cease (or procure the cessation of) the operation of the Approved Collection Point;

(e) an Insolvency Event occurs in respect of the Collection Point Operator;

(f) the Collection Point Operator is convicted of an offence under section 44(2) of the Act;

(g) the Collection Point Operator fails to comply with clause 16.1(c) or 16.1(d) in relation to a Probity Event; or

(h) a Change in Control of the Collection Point Operator occurs without the consent of the Network Operator, (each a Termination Event), the Network Operator may terminate this Agreement at any time after the occurrence of a Termination Event by giving notice in writing.

Termination under this clause 18.4 is the sole basis at law or otherwise upon which either party is entitled to terminate, rescind or accept repudiation of this Agreement.

The Collection Point Operator is not entitled to any compensation from the Network Operator as a result of the termination of this Agreement under this clause 18.4.

19. GST

(a) Notwithstanding any other provision of this Agreement, any amount payable or to be reimbursed under this Agreement which is calculated by reference to a cost, expense or other amount paid or incurred by a party will be reduced by an amount equal to any input tax credits which that party is entitled to in respect of that cost, expense or other amount.

(b) If GST is or becomes payable on any supply made by a party (GST Supplier) under or in connection with this Agreement:

(i) any amount payable or consideration to be provided under any other provision of this Agreement for that supply (Agreed Amount) is exclusive of GST;

(ii) an additional amount will be payable by the party providing consideration for that supply (Recipient), equal to the amount of GST payable on that supply as calculated by the GST Supplier in accordance with the GST Legislation and payable at the same time and in the same manner as for the Agreed Amount;

(iii) subject to clause 19(i), the GST Supplier will provide a tax invoice (or equivalent documentation which complies with the GST Legislation) to the Recipient in respect of that supply, either at the time expressly set out in any other provision of this Agreement or no later than the time at which the Agreed Amount for that supply is to be provided under this Agreement; and

(iv) if the GST Supplier does not provide a tax invoice in accordance with the timing set out in clause 19(b)(iii), the additional amount payable by the Recipient under clause 19(b)(ii) is payable within 5 Business Days of the receipt of a tax invoice.

(c) If for any reason, the GST payable by the GST Supplier in respect of a supply it makes under this Agreement (incorporating any increasing adjustments or decreasing adjustments relating to that supply) varies from the additional amount it receives from the Recipient under clause 19(b) in respect of that supply, the GST Supplier will provide a refund or credit to or will be entitled to receive the amount of this variation from the Recipient (as appropriate). Where an adjustment event occurs in relation to a supply, the GST Supplier will issue an adjustment note to the Recipient in respect of that supply within 10 Business Days after becoming aware of that adjustment event occurring.

(d) Each party agrees to do all things, including providing tax invoices and other documentation, that may be necessary or desirable to enable or assist the other party in determining its GST payable on any supply made by that other party under or in connection with this Agreement or any input tax credits, adjustments or refunds in relation to any amount of GST paid or payable in respect of any supply made under or in connection with this Agreement.

(e) Despite any other provision of this Agreement, this clause 19 will survive the termination of this Agreement.

(f) A reference to GST payable by a party includes any corresponding GST payable by the representative member of any GST group of which that party is a member, and a reference to an input tax credit entitlement of a party includes any corresponding input tax credit entitlement of the representative member of any GST group of which that party is a member.

(g) Any reference in this Agreement to fees, value, sales, revenue, or a similar amount (Revenue) is a reference to that Revenue exclusive of GST.

(h) Any part of a supply that is treated as a separate supply for GST purposes (including attributing GST payable to tax periods) will be treated as a separate supply for the purposes of this clause 19.

(i) With respect to the payment of the Agreed Handling Fee, the Collection Point Operator authorises the Network Operator to produce a Recipient Created Tax Invoice on its behalf and agrees that:(i) The Network Operator can issue tax invoices in respect of these supplies.

(ii) The Collection Point Operator will not issue any tax invoices in respect of these supplies.

(iii) The Collection Point Operator acknowledges that it is registered for GST and that it will notify the Network Operator if it ceases to be registered.

(iv) The Network Operator acknowledges that it is registered for GST and that it will notify the Collection Point Operator if it ceases to be registered.

(v) Should the requirements for issuing Recipient Created Tax Invoices alter under the GST legislation, both parties to this Agreement agree to enter into negotiations to amend clauses to give effect to such changes.

(j) Except where the context suggests otherwise, terms used in this clause 19 have the meanings given to those terms by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

20. CONFIDENTIAL INFORMATION

20.1 Confidential Information not to be disclosed

Except as permitted by clause 20.2 the Collection Point Operator:

(a) must hold the Confidential Information in strict confidence and not disclose it to any person who is not a party to this Agreement;

(b) must only use any Confidential Information for the purposes of performing the Collection Point Services or to exercise its rights or perform its obligations under this Agreement and, in particular, must not use any Confidential Information for its own commercial purposes or to the current or potential competitive disadvantage of the Network Operator or the State; and

(c) must not copy, extract, record or reproduce any Confidential Information except to the extent reasonably required to enable a party to perform its obligations under this Agreement.

20.2 Permitted disclosure

Nothing in this Agreement prevents the Collection Point Operator from disclosing Confidential Information:

(a) if disclosure is required to be made by law or the rules of a recognised stock or securities exchange and the Collection Point Operator:

(i) has not through any voluntary act or omission (other than the execution of this Agreement) caused the disclosure obligation to arise; and

(ii) has, before disclosure is made, notified the Network Operator of the requirement to disclose and, where the relevant law or rules permit and where practicable to do so, given the Network Operator a reasonable opportunity to comment on the requirement for and proposed contents of the proposed disclosure;

(b) if disclosure is made by way of a written announcement the terms of which have been agreed in writing by the parties before the announcement is made;

(c) if disclosure is reasonably required to enable the Collection Point Operator to perform its obligations under this Agreement;

(d) if disclosure is made to a director, employee or adviser of the Collection Point Operator that has a need to know the relevant Confidential Information; or

(e) with the prior written approval of the Network Operator.

21. GENERAL

21.1 Notices

Any notice or other communication including, but not limited to, any request, demand, consent or approval, to or by a party to this Agreement:

As set out on the acceptance form signed by the Collection Point Operator which incorporates this document as terms and conditions or to any other address specified by any party to the sender by notice;

(b) must be signed by a director or secretary of the sender in the case of a corporation, or signed by the sender in the case of an individual;

(c) must be either:

(i) delivered or sent by pre-paid mail (by airmail, if the address is overseas) to that party’s address;

(ii) sent by email to that party’s email address, in which case the notice, must be in the form of an attached PDF file or other scanned image of an original communication that includes a handwritten signature and the accompanying email must state that the attachment is a notice under this Agreement. Notices sent by email need not be marked for attention in the way stated in paragraph (a) of this clause; or

(iii) sent by fax to that party’s fax number and the machine from which it is sent produces a report that states that it was sent in full;

(d) is deemed to be given by the sender and received by the addressee:

(i) if by delivery in person, when delivered to the addressee;

(ii) if by post, 3 Business Days from and including the date of postage or, if sent by post to or from a place outside Australia, 7 Business Days from and including the date of postage;

(iii) if by facsimile transmission, when received by the addressee; or

(iv) if by email, when transmitted by the sender unless the sender receives a message from its or the recipient’s internet service provider or mail server indicating that it has not been successfully transmitted,but if the delivery or receipt is on a day which is not a Business Day or is after 5.00 p.m. (addressee’s time) it is deemed to be given on the succeeding Business Day; and

(e) can be relied upon by the recipient and the recipient will not be liable to any other person for any consequences of that reliance if the recipient believes it to be genuine, correct and duly authorised by the sender.

21.2 Governing Law and Jurisdiction

(a) This Agreement is governed by the laws of New South Wales.

(b) Each of the parties irrevocably submits to the non- exclusive jurisdiction of the courts of New South Wales.

21.3 Enforceability, prohibition and severance

(a) Any provision of, or the application of any provision of, this Agreement which is prohibited or void in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition or only to the extent necessary to ensure that it is not void, as the case may be.

(b) Any provision of, or the application of any provision of, this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

(c) Where either paragraph (a) or (b) of this clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions of this Agreement.

21.4 Waiver

(a) Waiver of any breach or provision of this Agreement must be in writing and signed by the party granting the waiver.

(b) A breach of this Agreement is not waived by a failure to exercise, a delay in exercising or the partial exercise of any right or remedy available under this Agreement or in law or equity.

(c) Any right or remedy created by, or arising upon, a breach of or a default under this Agreement, or upon an event of default, is not waived by any failure to exercise or delay in the exercise, or a partial exercise, of that right or remedy.

21.5 Variation

A variation of any term of this Agreement must be inwriting and signed by the parties.

21.6 Cumulative Rights

The rights, powers, authorities, discretions and remedies arising out of or under this Agreement are cumulative and do not exclude any other right, power, authority, discretion or remedy.

21.7 Assignment

No party may transfer or assign any of its rights under this Agreement without the prior written consent of each other party.

21.8 Further Assurances

Each party must do all things and execute all further documents necessary to give full effect to this Agreement.

21.9 Stamp Duty

The Network Operator must pay all stamp duty (including penalties) payable in respect of this Agreement and any document executed under this Agreement.

21.10 Costs and Expenses

Subject to clause 21.9, each party must pay its own costs and expenses in respect of:

(a) the preparation and execution of this Agreement; and

(b) the documents executed under this Agreement.

21.11 Previous Agreements

This Agreement supersedes all previous agreements with respect to its subject matter.

21.12 Entire Agreement

This Agreement contains the entire agreement and understanding between the parties in connection with the transactions contemplated by this Agreement and there are no inducements, representations, warranties, covenants or undertakings which have been relied on to any extent by the Collection Point Operator entering into this Agreement except as expressly contained in this Agreement.

21.13 Counterparts

This Agreement may be executed in any number of counterparts (whether in original or a copy transmitted by fax or email), any one of which need not contain the signatures of more than one party, but all such counterparts taken together shall constitute one and the same document.

FAQ's

How will Return and Earn work?

A single Scheme Coordinator, Exchange for Change, will oversee Return and Earn as the financial and reporting hub.

The Network Operator, TOMRA Cleanaway, will be responsible for establishing and managing a network of collection points and collection infrastructure across NSW. More information can be found here: http://epa.nsw.gov.au/waste/cds-works.html

How many collection points will there be across NSW?

There will be more than 500 Return and Earn collection points across NSW. There will be at least one collection point for each remote town with more than 500 people; each regional town with more than 1000 people, as well as an additional point for every additional 20,000 people in the regional town; and in more than 270 sites across the Greater Sydney Region. A collection point can be automated (made up of one or more reverse vending machines) or manual.

What is a reverse vending machine?

A reverse vending machine (RVM) is the opposite of a drink dispensing machine. A person places their empty eligible drink container into the machine, the container is scanned to verify it is eligible and the person either:

• receives a voucher they can redeem for cash or an in-store credit at a partnering retailer (such as Woolworths)
• receives an electronic funds transfer to their registered PayPal account via the myTOMRA app
• donates the refund to a nominated charity or community group. These machines do not hold cash.

Where will reverse vending machines and/or collection points be located?

The location of reverse vending machines and collection points will be determined by the Network Operator TOMRA Cleanaway. A geo-locator map is available on this site (returnandearn.org.au) to help you find your most convenient collection point. As a Return and Earn rolls out, more collection point will be added.

How do I become a collection point?

Anyone can register their interest in being a collection point operator. It is up to TOMRA Cleanaway, the Network Operator, to determine where to locate collection points and which organisations they wish to contract to operate a collection point. To register your interest to run a collection point visit the TOMRA Cleanaway website and fill out their online form: www.tcnsw.com.au

How does a community set up a reverse vending machine if they are over 100kms away from the nearest big centre?

TOMRA Cleanaway is determining the best locations for reverse vending machines based on population data and the expected number of containers that will be available for collection at a given site.

What drink containers are covered by the scheme?

Most 150ml to three litre beverage containers are eligible for a 10 cent refund provided they are made from glass, plastic, aluminium, steel or liquid paperboard. Containers should be empty, uncrushed, unbroken, and have the original label intact. The eligibility of beverage containers generally aligns with containers that are eligible under the SA or NT schemes. Many will therefore have the SA or NT scheme refund marking if they are currently sold in those markets.

What drink containers are NOT covered by the scheme?

150ml to 3 litres containers NOT eligible for a 10 cent refund include:

Return and Earn is designed to reduce litter. Wine bottles and spirits in glass bottles are predominantly consumed at home and are not regularly found in the litter stream.

Are growlers and squealers covered by the scheme? (Note: growlers and squealers are types of containers mainly used by breweries to sell beer)

A growler or squealer that is not sealed for the purposes of transport or storage before its sale, delivery, or use or consumption of its contents, is not covered under the scheme (refer to section 22 of the Waste Avoidance and Resource Recovery Act 2001).

For example, growlers or squealers that a consumer:

purchases empty

brings into the store to be filled with a beverage such as beer

then takes away

are not covered under the scheme.

However, if a growler or squealer is sealed before being transported or stored for retail purposes, it is subject to the scheme. This is the case even if the container is refillable and is used for future purchases of e.g. beer.

Where can I get a refund?

Eligible containers can be redeemed for a 10 cent refund at an approved collection point from 1 December 2017.

How can I get the refund?

To be able to redeem an eligible container, the container should be empty, uncrushed, unbroken and with the original label attached. Eligible containers must be returned to an approved Return and Earn collection point to get the refund.

Can I crush my cans and bottles?

No. Do not crush containers prior to redeeming your refund. The container must be readily identifiable as an eligible container to receive a refund. Crushing may render such identification difficult or impossible and collection points will reject crushed containers.

What happens to the containers that I put in my kerbside recycling?

You will not personally receive the refund if you put containers in kerbside recycling. However, the operators of material recovery facilities that process the material collected in kerbside recycling will be permitted to claim the 10 cent refund on eligible containers that they process. It is expected that these operators will negotiate to share a part of these refunds with the relevant councils. In that case, this may result in improved waste services in your area.

What happens if my container doesn’t have a label?

Containers should be empty, unbroken, uncrushed and have their original label intact for redemption. If your container does not have a label it may not be recognised as an eligible container by a reverse vending machine.

Does my reverse vending machine voucher expire?

Reverse vending machine vouchers expire after 3 years. If your voucher is older than 6 months, you must contact TOMRA Cleanaway customer service on 1800 290 691 to get your refunds.

What do I do with my ‘eligible container’ if the automated reverse vending machine doesn’t accept it?

Containers should be empty, uncrushed, unbroken and have the original label attached or they may not be accepted by a reverse vending machine. Containers that are not accepted should be placed in a suitable recycling bin. Reverse vending machines are programmed to accept eligible containers.

Is it dangerous to put my hand too far into the opening of the reverse vending machine?

No it is not dangerous, but we advise against doing this as your containers may be rejected as the machine will recognise your arm as a foreign object instead of container.

What should I do if my three litre container does not physically fit into the opening of the reverse vending machines at the automated collection point?

Reverse vending machines are designed to accept eligible containers. However, it is possible to make drink containers into unusual shapes. If an eligible container does not fit into the machine, please take it to your nearest over the counter manual collection point for verification and a refund, or place it in the nearest recycling bin.

How do I get a digital refund?

Download the myTOMRA App from Google Play or iTunes App Stores and create a TOMRA profile. The app comes with a personal barcode that you scan on the machine to get the refunds digitally into your myTOMRA profile. Open the app and follow the prompts to link your PayPal account to the app before you redeem any eligible containers.

Once you’ve linked your PayPal account, scan your personal barcode from the myTOMRA app when you arrive at the RVM to log in. Place all your containers in the RVM one at a time, then select PayPal on screen. Your refund will be transferred to your PayPal account.

How long will it take to receive my refund via PayPal?

Refunds are transferred to your PayPal account when you select the PayPal button on the RVM screen. The money will then appear in your PayPal account.

How can I access my refund from my PayPal account?

Your refund will be stored as a balance in your PayPal account. You can use it towards purchases paid for with PayPal, or log in to your PayPal account to transfer it to your bank account.

Do I have to have a PayPal account to withdraw my digital refund?

Yes. Currently the only payout option available via an RVM is through PayPal.

How can I add PayPal as a payout option in the myTOMRA app profile?

First you must create a PayPal account.

Press “add payout” on the profile page or through the “More” menu. You will then be redirected to PayPal to connect your myTOMRA profile with PayPal. Press “Accept” and you are redirected back. You will then receive all future refunds directly to your PayPal account.

How can I withdraw my refunds from the myTomra profile?

First you need to connect your PayPal account to your TOMRA profile.

Once you have connected your PayPal account to your myTOMRA profile your refunds will automatically be transferred to your PayPal account. You can change your settings to manual payout if you prefer.

How do I create a TOMRA profile?

Go to TOMRA.com.au or download the myTOMRA app. Register by using your email or by using your existing PayPal account.

How do I create a PayPal account?

Go to PayPal.com.au or download the PayPal app. Press “create account” and follow the steps to create your account.

How can I set up automatic or manual payout of my refunds?

To change from automatic to manual payout or vice versa, go to your myTOMRA profile, select “more” and “payout options” where you then can change payout preferences.

I obtained a retail refund voucher from an RVM. Can I get the refund from that voucher transferred digitally into my Tomra profile?

No. To claim your refund electronically you must scan your barcode before you deposit your bottles. If you have printed a refund voucher you must redeem it from a participating retailer.

What opportunities are there for charities and community groups to participate?

Return and Earn will provide a fundraising opportunity for charities, schools, community and sporting groups:

These groups can seek donations of eligible drink containers from the community that they can then redeem for a refund at an approved collection point.

• Charities, community groups and social enterprises can apply to the Network Operator, TOMRA Cleanaway, to set up and run collection points.

• Groups can apply to become a donation partner on a Reverse Vending Machine and thereby receive donations from people using the machine.

To register your interest in becoming a donation partner please go to http://returnandearn.org.au.

How do I get my charity, school, club or community group listed on a reverse vending machine?

If you wish to have your charity, school, club or community group featured on a reverse vending machine to receive donations, please go to http://returnandearn.org.au.

How do I get paid my refund if I use an RVM?

Consumers that use a reverse vending machine to return their containers have three options to receive a refund payment:

• Receive a retail voucher which can be redeemed for cash or an in-store credit at a participating retailer
• Receive a direct payment to their registered PayPal account via the myTOMRA app
• Donate their refund to a charity, school or community group featured on a Reverse Vending Machine.

My school/club is really interested in participating to raise funds. What is the best way I can participate?

Fundraising through your local school or club is a great way to participate. This can be done by collecting containers and returning them to a Return and Earn collection point to receive the refund. Schools and clubs can also contact TOMRA Cleanaway to register to be listed as a donation partner on a local RVM. Go to http://returnandearn.org.au.

How much can our organisation raise per beverage container?

Every eligible drink container that your organisation returns to an official Return and Earn Collection Point will earn 10 cents.

Where do I take the beverage containers once we’ve collected them?

Take your containers to an official collection point. Collection point locations are available on this site (http://returnandearn.org.au) and as Return and Earn rolls out, more collection points will be added to the map.

How do we get the refunds once we’ve returned the containers?

If you return the containers to a reverse vending machine at an automated collection point you can claim your 10 cent refund in three ways:

• Electronic refund to your registered PayPal account via the myTOMRA app
• Retail refund via a voucher that you can redeem for cash or use towards an in-store credit at a partnering retailer (such as Woolworths)
• You can donate your refund to one of four charitable or community organisations shown on the reverse vending machine screen

If you return your containers to an over-the- counter manual collection point you will receive 10 cents cash for each container you return once they have been counted and verified as eligible containers (in the appropriate condition) by the staff at the collection point.

Reverse vending machines

A reverse vending machine (RVM) facilitates a simple and efficient way of returning eligible drink containers for a 10 cent refund. It will take up to 500 eligible containers in any one transaction.

The RVM is the opposite of a vending machine – the consumer simply places empty, uncrushed and unbroken drink containers into the RVM where they are scanned and processed. If eligible, the RVM will provide a refund in one of three ways:

Reverse vending machines

A reverse vending machine (RVM) facilitates a simple and efficient way of returning eligible drink containers for a 10 cent refund. It will take up to 500 eligible containers in any one transaction.

The RVM is the opposite of a vending machine – the consumer simply places empty, uncrushed and unbroken drink containers into the RVM where they are scanned and processed. If eligible, the RVM will provide a refund in one of three ways:

Automated depots

An automated depot provides consumers with a high volume (over 500 eligible containers) collection point. The automated depot has a mechanical scanning and counting system that provides for efficient processing of bulk lodgements. Refunds are processed as a retail refund. Donations and digital refunds are not available from automated depots.

Automated depots will earn extra revenue from the Return and Earn handling fee for each eligible drink container received.

Automated depots

An automated depot provides consumers with a high volume (over 500 eligible containers) collection point. The automated depot has a mechanical scanning and counting system that provides for efficient processing of bulk lodgements. Refunds are processed as a retail refund. Donations and digital refunds are not available from automated depots.

Automated depots will earn extra revenue from the Return and Earn handling fee for each eligible drink container received.

Charities and community groups

The scheme provides the opportunity for registered charities, schools, community and sporting groups to benefit. These groups can seek donations of eligible drink containers from the community that they can then redeem for the refund at an approved collection point.

Charities and community groups

The scheme provides the opportunity for registered charities, schools, community and sporting groups to benefit. These groups can seek donations of eligible drink containers from the community that they can then redeem for the refund at an approved collection point.

Donation partners

Eligible groups can apply to become a donation partner and be featured on the reverse vending machine (RVM) network. Major donation partners will be featured on all RVMs across NSW and local partners can be featured on individual RVM kiosks or a group of RVM kiosks in their locality.

Each RVM in the network can offer four places for donation partners and usually three of these will be allocated to major donation partners featured state-wide and the other position reserved for local donation partners in individual localities.The Return and Earn RVM network has commenced with four initial donation partners but we are accepting applications for future positions on the network now. From the 1st of March, 2018, donation partners will be rotated every three months to give a wide variety of not-for-profit organisations the opportunity to benefit.

The eligibility criteria for both major and local donation partners can be found here. Subject to balancing of the type of organisations appearing on the RVM network, eligible organisations will generally be added to the RVM network in the order a successful and complete application is received.

Donation partners

Eligible groups can apply to become a donation partner and be featured on the reverse vending machine (RVM) network. Major donation partners will be featured on all RVMs across NSW and local partners can be featured on individual RVM kiosks or a group of RVM kiosks in their locality.

Each RVM in the network can offer four places for donation partners and usually three of these will be allocated to major donation partners featured state-wide and the other position reserved for local donation partners in individual localities.The Return and Earn RVM network has commenced with four initial donation partners but we are accepting applications for future positions on the network now. From the 1st of March, 2018, donation partners will be rotated every three months to give a wide variety of not-for-profit organisations the opportunity to benefit.

The eligibility criteria for both major and local donation partners can be found here. Subject to balancing of the type of organisations appearing on the RVM network, eligible organisations will generally be added to the RVM network in the order a successful and complete application is received.

Terms and Conditions

Privacy Policy

2. What is this Privacy Policy?

2.1 TOMRA Cleanaway Pty Ltd (ABN 43 620 427 116) (we, us and our) is the network operator of the Container Deposit Scheme established by Part 5 of the Waste Avoidance and Resource Recovery Act 2001 (NSW). We are an Australian corporation and conduct our Australian operations in accordance with the Australian Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs) which form part of that Privacy Act.

2.2 This Privacy Policy sets out how we collect, use and disclose personal information entrusted to us by our customers or otherwise collected and used by us.

2.3 To the extent that relevant national privacy laws permit:

(i) this Privacy Policy is a privacy policy, privacy statement, privacy notice or like disclosure under those laws; and

(ii) this Privacy Policy to be notice to affected individuals under those relevant laws, or the basis for consent of individuals to the activities described in this Privacy Policy, this Privacy Policy is a notice and disclosure informing consent by individuals to such activities.

2.4 We may modify or amend this Privacy Policy from time to time. We will display a notice on our website indicating when any such revisions have been made. This Privacy Policy was last updated on 1 December 2017.
Unless you notify us otherwise, we will assume that you have consented to the collection of all information which is provided to us for use in accordance with this Privacy Policy.

3. What is personal information?

3.1 Personal information is information or an opinion about an individual, or an individual who is reasonably identifiable, whether true or not and whether recorded in material form or not. Sensitive information is subset of personal information and has the meaning given to it in the Privacy Act.

3.2 Sensitive information is subset of personal information and has the meaning given to it in the Privacy Act. Sensitive information means information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health, genetic or biometric information. We do not knowingly collect, hold or use such information. If we become aware that such information has inadvertently been inadvertently collected or is inadvertently held by us, we will destroy it.

4. What personal information do we collect?

4.1 We may collect personal information from you when you do business with us, including when you:

(i) deposit eligible containers at a collection point operated by us; or

(ii) interact with our staff,

or otherwise as notified to you from time to time.

4.2 When you access and use our website we will record and log for statistical purposes certain information about such access and use, including your IP address, the date and time of your visit, the parts of our website you access during your visit, your actions on our website and the browser you are using.

4.3 In situations where we are required to combine personal information about identified or identifiable individuals as provided to us about one customer with personal information about that individual as provided to us by another customer or from publicly available sources, wherever reasonably practicable, we will use reliable and verifiable anonymisation and de-identification techniques which ensure that the risk of any individual being reasonably identifiable in relation to the combined personal information is remote.

4.4 Where we collect and use personal information about any identifiable individual from a publicly available source, we assess whether the collection and use is made in a manner both reasonably contemplated and permitted by the provider of that source, and where it is, we rely upon that provider to:

(i) comply with relevant national privacy laws applying to the provider’s activities; and

(ii) to provide the necessary notices as required by relevant national privacy laws to that identifiable individual and to obtain the necessary consents from that individual to permit collection and disclosure of that personal information, including disclosure in a manner reasonably contemplated and permitted by the provider.

4.5 As well as collecting information directly from you, there may be occasions when we collect information about you from a third party. In such instances, we will determine whether we would have been entitled to collect such information from you under this section 3, and to the extent we would not have been entitled to do so, we will destroy or de-identify such information as soon as reasonably practical.

5. Anonymity

You do not have to provide us with any personal information if you choose not to, however if you do not provide us with your personal information, we may not be able to provide you with our goods or services.

6. Cookies

If you use our website, some of the personal information referred to in section 3 may be collected through the use of cookies. Most browsers are set by default to accept cookies. However, if you do not wish to receive any cookies you may set your browser to either prompt you whether you wish to accept cookies on a particular site, or by default reject cookies. Please note that rejecting cookies may mean that some or all of the functions on our website will not be available to you.

7. How is your personal information used?

7.1 The personal information that we collect is generally used to provide products or services to you, and, if you use our website, to track your usage, to evaluate performance of our website and your account settings. Information collected by us as otherwise permitted under the Privacy Act.

7.2 You may opt out of receiving such information by notifying us accordingly or using any unsubscribe facility we provide for that purpose.

8. Disclosure of your personal information

8.1 We do not sell, rent or trade personal information to or with any other third parties.

8.2 We will not otherwise disclose your personal information to any third party unless:

(i) that third party is a related body corporate of ours, in which case that group company will only use and disclose your personal information in accordance with this privacy policy as if a reference in this privacy policy to us included a reference to that related body corporate;

(ii) that third party is a contractor engaged to provide goods or services to us (including goods or services that assist us in providing our website). This may include disclosure to contractors outside of Australia. Our agreements with such contractors require that they keep your personal information confidential, and that they only use or disclose your personal information for the purposes of providing those goods or services to us;

(iii) such disclosure is in connection with the sale of some or all of our business or assets;

(iv) you have consented for us to share the information for this purpose; or

(v) the disclosure is authorised by the Privacy Act including:

(A) to lessen or prevent a serious threat to life or health;
(B) to protect the personal safety of users of our website or the public;
(C) if authorised or required by other applicable law;
(D) if we have reason to suspect that unlawful activity has been, is being or may be engaged in;
(E) to enforce the law or where necessary to investigate a suspected unlawful activity; or
(F) if you would reasonably expect or we have told you that your personal information is usually used or disclosed to third parties in this way.

8.3 At this time, the third parties referred to in paragraph (b) are located within Australia, however this may change in the future and if it does we will update this privacy policy accordingly.

9. Access the correction of your personal information

9.1 We will, on request, provide you with access to the information we hold about you, including for the purpose of correcting or updating that information, unless there is an exception to such disclosure which applies under the APPs.

9.2 If you require access to your personal information, please use the contact details specified in section 11. Before we provide you with access to your personal information we will require some proof of identity. For most requests, your information will be provided free of charge, however, we may charge a reasonable fee if your request requires a substantial effort on our part.

9.3 If we refuse to provide you with access to the information, we will provide you with reasons for the refusal and inform you of any exceptions relied upon under the APPs (unless it would be unreasonable to do so).

9.5 We take reasonable steps to ensure that your personal information is accurate, complete, and up-to-date whenever we collect or use it. If the personal information we hold about you is inaccurate, incomplete, irrelevant or out-of-date, please contact us and we will take reasonable steps to either correct this information, or if necessary, discuss alternative action with you.

10. How we hold and secure your personal information

The security of your personal information is important to us. We take reasonable steps to prevent the personal information we hold about you from misuse, interference or loss, and from unauthorised access, modification or disclosure. This includes the use of technologies and processes such as access control procedures, network firewalls, encryption and physical security to protect the privacy of your personal information.

11. Links to other websites

Sometimes our website contains links to other websites. When you access a website other than our website, we are not responsible for the privacy practices of that site. We recommend that you review the privacy policies of each website you visit.

12. How to contact us

If you have any queries or complaints with regards to our collection, use or management of your personal information, please contact our Privacy Manager:

A: [insert business name, ABN and contact]
[insert address]

E: [insert email address]

T: [Insert telephone number]

If you make a complaint, we will endeavour to respond to it as soon as possible. If you are dissatisfied with our response, you have the right to make a complaint to the Office of the Australian Information Commissioner by phoning 1300 363 992 or by email at enquiries@oaic.gov.au.